Ex parte Henderson
N/AOUTCOME: successive writ of habeas corpus allowed
Ex parte Henderson, 246 S.W.3d 690 T(ex.Crim.App.,2007) Court of Criminal Appeals of Texas. Ex parte Cathy Lynn HENDERSON, Applicant. No. WR-49984-02. June 11, 2007. Background: Babysit ... ter who had been convicted of capital murder of child filed subsequent application for a writ of habeas corpus based on recent scientific research about infant head trauma from falls. The 299th District Court, Travis County, Jon Wisser, J., recalled death warrant and rescheduled execution. Holding: The Court of Criminal Appeals held that medical examiner's reevaluation of expert opinion that short fall could not have caused child's extensive brain injuries entitled babysitter to stay of execution and further proceedings subsequent application for writ of habeas corpus. Request for stay of execution granted, and case remanded.
